ORDER ON PROSECUTION REQUEST FOR HEARING ON THE ISSUE OF DEFENCE
NON-COMPLIANCE WITH TRIAL CHAMBER ORDERS

_________________________________________

The Office of the Prosecutor:

Ms. Brenda Hollis
Mr. Michael Keegan
Ms. Ann Sutherland

Counsel for the Accused:

Mr. Dusan Vucicevic
Mr. John Ostojic

THIS TRIAL CHAMBER of the International Tribunal for the Prosecution of
Persons Responsible for Serious Violations of International Humanitarian Law Committed in
the Territory of the Former Yugoslavia since 1991 ("International Tribunal"),

NOTING the "Request For A Hearing On The Issue Of Defence
Non-compliance With Trial Chamber Orders For Non-disclosure And Violation Of The Decision
On Prosecution Motion To Protect Victims And Witnesses" filed by the Office of the
Prosecutor ("Prosecution") on 2 November 1998 ("the Request for
Hearing"),

NOTING that counsel for the deceased accused has not responded to the
Request,

NOTING the Order of the Trial Chamber of 24 August 1998 terminating the
proceedings in this case due to the death of the accused, in which the Trial Chamber
reminded the parties that the Orders and Decisions for Protective Measures issued by the
Trial Chamber in this matter remain in force,

CONSIDERING that, of the allegations raised in the Request for Hearing,
those contained in paragraph 7 constitute prima facie evidence of a breach of the Order
for Non-disclosure issued by the Trial Chamber on 3 July 1998,

CONSIDERING that the other allegations raised in the Request for
Hearing constitute prima facie evidence of a breach of the Decision on Protective Measures
issued by the Trial Chamber on 12 May 1998,

CONSIDERING FURTHER the serious nature of matters of witness protection
for all parties appearing before the Tribunal and the particular obligations placed upon
counsel, whether appearing for the Prosecution or the defence,

PURSUANT TO RULE 54 of the Rules of Procedure and Evidence of the
International Tribunal ("Rules").

HEREBY ORDERS as follows:

(1) Counsel for the deceased accused shall return the ITN videotapes to
the Prosecution immediately and shall provide to the Trial Chamber, within seven days of
the date hereof, confirmation of the return of the original tapes and of all copies made
by the defence;

(2)Counsel for the deceased accused shall by Wednesday 9 December 1998
file a written response to the allegations contained in the Request for Hearing, in
particular, those relating to the disclosure of witness statements.